DOL announces new definition of ‘spouse’ for FMLA purposes — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

DOL announces new definition of ‘spouse’ for FMLA purposes

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in FMLA Guidelines,Human Resources

The effects of the U.S. Supreme Court’s decision in United States v. Windsor continue to ripple through the workplace. Windsor struck down a Defense of Marriage Act provision that interpreted “marriage” and “spouse” to be limited to opposite-sex marriage for the purposes of federal law.

Now the Department of Labor has issued rules extending FMLA protections to same-sex married couples.

WHAT’S NEW: In June 2013, the Supreme Court ruled that the Defense of Marriage Act’s (DOMA) prohibition against recognizing same-sex marriages was unconstitutional. DOMA applied to all federal programs and laws, including the FMLA.

Since their inception, FMLA regulations have based marriage recognition on the employee’s state of residence. The U.S. Department of Labor (DOL) reiterated this position in August 2013 when it interpreted the regulations to apply to same-sex marriages.

However, that same month, the IRS ruled that same-sex couples wi...(register to read more)

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